Courts

Friday, July 3, 2020

Gas Station Attendant Arrested for Fatally Shooting Robbery Suspect

Posted By on Fri, Jul 3, 2020 at 3:31 PM

Mark Anthony Nelson Jr. - HUMBOLDT COUNTY SHERIFF'S DEPT
  • Humboldt County Sheriff's Dept
  • Mark Anthony Nelson Jr.
Last night in Blue Lake at around 9:45 p.m., an attendant allegedly shot a man who was attempting to rob the Patriot Gas Station, according to the Humboldt County Sheriff’s Office.


The alleged robber — who has yet to be identified — died from a gunshot wound at the scene. The gas station attendant — Mark Anthony Nelson Jr. — was later arrested on suspicion of murder.


The incident began at around 9:40 p.m., police said, when a man allegedly brandishing a firearm approached Nelson and a patron outside of the gas station. As Nelson and the customer fled, according to the press release, the alleged robber entered the store and stole cash and other items.


"Investigators believe that as the man exited the business, the employee, later identified as 39-year-old Mark Anthony Nelson Jr., approached the subject and shot him," police said. "A stolen firearm believed to be associated with the homicide was recovered at the scene."

Nelson was arrested and booked into the Humboldt County jail on suspicion of murder, possessing stolen property and being a convicted felon in possession of a firearm, according to the Sheriff's Office. He is being held without bail pending arraignment and the Humboldt County District Attorney's Office will review the case and decide what charges — if any — are appropriate.

The NCJ reached out to the Sheriff's Office to ask why the shooting was not considered self defense but received no response today. California Penal Code 198.5, known as the "Castle Doctrine," allows someone to use force — even deadly force, in some instances — to protect their home or place of business from immediate threat and there is no duty to retreat. However, the law does not allow someone to retreat to a place of safety and then use deadly force, or to use a level of force disproportionate to the immediate threat.

Continue reading »

  • Pin It
  • Favorite
  • Email

Tags: , , , , , , ,

Wednesday, July 1, 2020

Hundreds of Humboldt Cannabis Felonies Reclassified as Misdemeanors

Posted By on Wed, Jul 1, 2020 at 11:56 AM

The county is sending out warning letters to cannabis growers. - FILE
  • File
  • The county is sending out warning letters to cannabis growers.
To align cannabis-related convictions of the past with current laws, the Humboldt County District Attorney's Office identified 801 relevant felony cases and re-designated them as misdemeanors, according to a press release from the DA's office.

The health and safety code violations included marijuana possession, cultivation, possession for sale and transportation dating back to 1982, the release stated. Although an initial list provided to the county showed that just 35 cases would be reclassified, District Attorney Maggie Fleming directed her staff to conduct a wider search, which turned up hundreds of additional cases.

"Historically in Humboldt County, some people charged with Health and Safety Code sections 11357-11360 requested and were granted the opportunity to plead guilty to Health and Safety Code 11366.5 (managing a location for unlawful use or storage of a controlled substance), because that conviction could be reduced to a misdemeanor upon successful completion of probation," the press release stated. "Therefore, the District Attorney’s Office also included violations of that code section in its search."

For more information, read the release below and contact your legal counsel or Humboldt County Public Defender’s Office at (707) 445-7634.


Continue reading »

  • Pin It
  • Favorite
  • Email

Tags: , , , , ,

Saturday, June 27, 2020

Mother Ordered to Stand Trial in Fatal Shooting of Son, T-S and LoCO Report

Posted By on Sat, Jun 27, 2020 at 5:14 PM

gavel.jpg
The Times-Standard and Lost Coast Outpost are reporting that a Superior Court judge has ordered a Eureka woman to stand trial for allegedly fatally shooting her teenage son.

Pamela Millsap, 38, is facing charges of voluntary manslaughter and two counts of child abuse. Read the full story here and here.
  • Pin It
  • Favorite
  • Email

Tags: , , , , , ,

Monday, June 22, 2020

Supreme Court Declines to Reconsider Tribes’ Water Rights at Klamath River, T-S Reports

Posted By on Mon, Jun 22, 2020 at 8:09 PM

The Times-Standard is reporting the Supreme Court has declined to overturn a court decision guaranteeing that Native tribes near the Klamath River can reserve enough water in the river to protect fish populations and beyond.

“The ruling, or affirmation, by the Supreme Court is encouraging,” said Mike Orcutt, the Hoopa Valley Tribe’s fisheries director in the TS report. “It doesn’t diminish the standing we have, but there’s still major things that need to happen in the river.”


Read the full story here
  • Pin It
  • Favorite
  • Email

Tags: , , , ,

Thursday, June 11, 2020

Sexual Assault Hearing Raises Privacy Concerns (UPDATED)

Posted By on Thu, Jun 11, 2020 at 4:47 PM

A Humboldt County Superior Court judge ruled today there is sufficient evidence to hold David Bernard Anderson II to stand trial on charges he drugged and raped a 16-year-old girl in 2018, but not that he committed attempted sex trafficking.  Deputy District Attorney Stacey Eads is prosecuting the case, with local attorney Michael Acosta representing Anderson and Judge Christopher Wilson presiding. Anderson requested a trial in open court; because of COVID-19 restrictions the preliminary hearing was broadcast live on YouTube, with Anderson sitting quietly in the jury box next to a deputy and taking notes. Everyone in the courtroom wore masks.

David Anderson II - FILE
  • FILE
  • David Anderson II
The hearing was remarkable for several reasons beyond the steps taken to prevent spread of coronavirus. The defense attorney is facing his own charges after an arrest for drug trafficking in February. Anderson was the first person in Humboldt County convicted on charges of sex trafficking — his previous conviction, in 2014, resulted in a sentence of nine years in state prison but he was released after only three due to a combination of time served and good behavior. The victim who testified against Anderson in 2014 – Elle Snow – was also 16 when she was recruited from her home in Eureka by a man she thought was her boyfriend and then forced into prostitution at a brothel in Walnut Creek. After Anderson’s conviction, she went on to found Game Over, a local nonprofit advocacy group that offered education on recognizing and preventing sex trafficking. (Snow has since left the area and could not be reached for comment.) But it was the necessity of broadcasting the trial on YouTube that has created a potential controversy with advocacy groups.


Continue reading »

  • Pin It
  • Favorite
  • Email

Tags: , , , , ,

Wednesday, June 10, 2020

Superior Court to Resume In-person Felony Arraignments Next Week

Posted By on Wed, Jun 10, 2020 at 10:44 AM

Humboldt County Courthouse - FILE
  • file
  • Humboldt County Courthouse
The Humboldt County Superior Court will resume holding arraignments for defendants who are out of custody but facing felony charges beginning June 15.

Such appearances have been suspended for weeks in the midst of restrictions aimed at slowing the spread of the COVID-19 pandemic, but the court has apparently begun sending out appearance notices to folks facing felony charges. Facial coverings will be required for all appearances and physical distancing protocols will be in place.

“Please do not come to the courthouse unless you have received a notice for arraignment at 1:30 p.m. for a date on or after Monday, June 15, 2020,” the court’s press release states.

Arraignments and others hearings for defendants currently being held at the Humboldt County jail have generally continued through the shutdown, though most have been held using some kind of video conferencing to minimize risk.

See the full press release from the court here.
  • Pin It
  • Favorite
  • Email

Tags: , , , , ,

Monday, May 25, 2020

Humboldt County Civil Grand Jury Recommending Humboldt County Correctional Facility Invest More in Conservation (Fire) Camps for Inmates

Posted By on Mon, May 25, 2020 at 8:22 PM

The Humboldt County Jail. - FILE
  • File
  • The Humboldt County Jail.

The Humboldt County Civil Grand Jury is recommending that the Humboldt County Correctional Facility and the California State Department of Corrections and Rehabilitation invest more Conservation (fire) Camps - firefighting - to reintegrate more inmates into society after they are released.


The detailed report focuses on the goal of reducing recidivism and providing meaningful productive jobs for recently released inmates, siting that the county has underutilized this resource.


According to a press release sent by Jim Glover, the grand jury foreperson, the report, “details a lengthy investigation into the relationship between Conservation Camp rehabilitation, the Humboldt County Correctional Facility and efforts to more successfully reintegrate inmates into society after release.”


The grand jury has also made recommendations to the California State Department of Corrections and Rehabilitation because Cal Fire depends on the services of inmates in the conservation camps throughout the year and especially during wildfire season.

Read the press release below and the grand jury’s report at the bottom of the post.


The initial investigative report of the 2019-2020 Civil Grand Jury has just been released as of May 26, 2020. This report takes an intensive look at Conservation Camps located in Humboldt County.

The report, which will be available online on the Civil Grand Jury reports page of humboldtgov.org, details a lengthy investigation into the relationship between Conservation Camp rehabilitation, the Humboldt County Correctional Facility and efforts to more successfully reintegrate inmates into society after release.

Following incarceration, the goal of reducing recidivism and providing meaningful and productive job prospects for inmates is the focus of the report.

Since Cal Fire depends on the services of inmates in the Conservation Camps throughout the year, but especially during often volatile fire conditions, recommendations to the California State Department of Corrections and Rehabilitation are included. Subsequent reports will be released over the balance of the Spring and early Summer.

  • Pin It
  • Favorite
  • Email

Tags: , , , , , , , , , ,

Friday, May 15, 2020

Superior Court to Allow Judges, Others Not to Wear Masks

Posted By on Fri, May 15, 2020 at 11:43 AM

Yesterday, the Humboldt County Superior Court issued a new mask policy that allows judges and “individual addressing the Court” not to wear one.

While the Court acknowledged that the Humboldt County Public Health Officer has ordered that facial coverings should be worn inside all public buildings, the court’s new order states, “However, the Administration of Justice requires clarity in court proceedings. A clear record cannot be obtained when a speaker is wearing a mask.”

The new order states that when not addressing the court, those in attendance should wear masks.

The order reiterated that the “courtrooms remain closed to the public and when courtrooms are open, the number of individuals inside the courtrooms will remain limited. Remote appearances are encouraged and court proceedings will continue to be broadcast publicly.”

Read the court's full order below:

  • Pin It
  • Favorite
  • Email

Tags: , , , , ,

Thursday, May 14, 2020

Churches, Gun Shops and Irate Brides: Explaining All the Shutdown Lawsuits Against Newsom

Posted By on Thu, May 14, 2020 at 8:21 AM

Alongside the beach-goers denied, the indignant gun shop owners and the house-bound pastors, Gov. Gavin Newsom now has yet another ticked off challenger to face in court: an extremely disappointed bride-to-be.

In the latest filing to challenge the state’s response to the coronavirus pandemic, Monica Six, an Orange County resident, is suing California’s Democratic governor for civil rights violations after his executive order “caused her significant financial hardship as well as ruined her idyllic wedding plans to get married in a special anniversary.”

In suing the state, Six is in crowded company. The State of California, and Newsom in particular, are facing down more than a dozen lawsuits over their response to the coronavirus pandemic. (Find CalMatters’ tracker here.)

The courtroom backlash is no surprise. The restrictions that the governor’s March 19 stay-at-home order have imposed on California civic and economic life are without precedent in state history. Many public health experts, both inside and outside the administration, say such drastic measures are necessary to tamp down the coronavirus pandemic and keep hospitals from becoming overwhelmed.

But drastic measures they are. Beyond cancelled weddings, it has spelled financial calamity for households, business owners, nonprofits and city governments across the state. They have also tested the limits of executive power and the negotiability of many constitutional rights.

Continue reading »

  • Pin It
  • Favorite
  • Email

Tags: , , , , ,

Thursday, April 16, 2020

Superior Court Announces Sweeping COVID-19 Changes

Posted By on Thu, Apr 16, 2020 at 3:46 PM

Humboldt County Courthouse - FILE
  • file
  • Humboldt County Courthouse
The Humboldt County Superior Court just announced sweeping changes that will effectively reschedule the bulk of local cases to future dates, while live-streaming essential proceedings open to the public, in effort to keep everyone safe through the COVID-19 pandemic.

Specifically, the court is rescheduling all small claims and traffic cases, as well as all civil and family law cases that don't have emergency temporary orders in effect. On the criminal side, the court will still call daily misdemeanor and felony calendars, and parties are urged to contact their attorneys for more information. But all domestic violence review and drug court calendars will be rescheduled.

"Jury trials will be called on their scheduled date, and the court will address each case individually," the press release states. "Jurors will not be summoned."

See the full press release form the court copied below.

Continue reading »

  • Pin It
  • Favorite
  • Email

Tags: , , , , , ,

Recent Comments

socialize

Facebook | Twitter

© 2020 North Coast Journal

Website powered by Foundation